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# QUESTIONS FOR THE ATTORNEY GENERAL (UPDATED)

Posted on September 5, 2024 13 Comments

AG Graham Leung

The Coalition government is maintaining the pretence that it has nothing to do with appointments made by the Judicial Services Commission * amid a national furore over the appointment of Barbara Malimali as FICAC Commissioner when she is under active investigation by the corruption watchdog.

It is a complete nonsense and a smoke screen behind which our politicians are hiding to excuse the inexcusable and defend the indefensible as they mount a full-blown assault on the integrity of our institutions of state to weaken them for their own political purposes.

FACT: The Judicial Services Commission is obliged by the Constitution to consult the Attorney General before it makes any decision in relation to personnel in the offices of state. It is the LAW.

Which brings us to a number of critical questions for the Attorney General, Graham Leung, that go to the heart of his own integrity as well as what is fast descending into a complete loss of public confidence in the Coalition’s integrity and ability to uphold the rule of law.

So AG:

1/ Were you consulted by the JSC, as the law requires, about the appointment of Barbara Malimali has FICAC Commissioner.

2/ If the answer is “yes”, did you endorse her appointment?

3/ Did you take the issue to Cabinet given the controversy over Malimali’s conduct as Electoral Commissioner and her “colourful” history as a lawyer of dubious ability, her public statements demanding that the Coalition provide its supporters with jobs and blatant racism in a string of public utterances supporting iTaukei supremacy?

4/ If you were not consulted about her appointment, what action have you taken to raise what would be a breach of the law with the head of the JSC, the Acting Chief Justice, Salesi Temo?

The Outlaw Acting CJ

5/ If you did object and the JSC went ahead and recommended to the President that Barbara Malimali still be appointed, what does this say about the proper conduct of the JSC and Salesi Temo as Chair? Has the Acting Chief Justice gone rogue?

See, Fiji, it is becoming a pattern of conduct in which the Coalition says ” oh, it has nothing to do with us. The JSC is independent”. Yes, to a point. But it is required by law to consult the Attorney General representing the government and if the AG objects to a proposed appointment, he has the constitutional power to say so.

Which means that if Graham Leung has not objected to the appointment of Barbara Malimali as FICAC Commissioner, he has approved it. If he did not object to the appointment of John Rabuku as Deputy DPP after he was removed as Acting DPP, he has approved it. If he has not objected to Christopher Pryde having his salary suspended so that he cannot adequately defend himself, he has approved it.

Answers, please, AG. Because I repeat: This goes to the heart of your own personal integrity and the integrity of the government as a whole.

Barbara “Where’s My Job? Malimali

Barbara Malimali’s appointment to FICAC when she is actively being investigated is the final straw. And as far as most Fijians are concerned, this pattern of gross abuse of the offices of state can no longer be tolerated.

Were Malimali to have headed any office of state and a FICAC or JSC investigation had commenced into her conduct, she would be obliged to stand aside. In this instance, incredibly, a FICAC investigation into her conduct is active and progressing and she is appointed to head the organisation!

As I say, the final straw on a camel’s back that is already groaning with instances of outrageous conduct. This government is the absolute pits.

* Clarification: The JSC actually recommends appointments to the President after consulting the Attorney General but the President is a rubber stamp who constitutionally cannot say “no”.

UPDATE 1000 THURSDAY:

Dramatic developments in Suva. The watchdog bites back.

For the first time, an opposition MP – the estimable Premila Kumar – puts the JSC firmly in the firing line.

The Acting Chief Justice, Salesi Temo, now has nowhere to hide. He is going to have to explain himself or be at the centre of a national scandal.

FURTHER UPDATE 1400 FIJI TIME…

Reader Interactions

Comments

  1. Ashwin Bahadur says

    September 5, 2024 at 8:13 am

    Please note Graham and Malimali are old classmate of years. All the best to most corrupted and sinking coalition government partners. Militarily, military should overtake this government and replace with interim rather wasting on reconciling and reconciliation.

    Military should depose this government. There are no better than twofold no that are in jail. One in, another ready to go in.

    Reply
  2. Popcorn watch says

    September 5, 2024 at 8:13 am

    Every day the Coalition Government finds new depths to go to demonstrate how they are completely inept in running the government. Winning an election and running a government are 2 different things.

    Reply
  3. 6. Pull my finger... says

    September 5, 2024 at 8:21 am

    Graham, the answers to your legitimate pressing questions will be akin to school and yard children bullshitting each other for bragging rights and one upmanship fun.

    As the kids say, pull my finger. And
    ag Ling Ling will fart a mega ton of stinking legalese hot air enough to power a big pigstye.

    This shit for brains “goverment” is beyond shame. Their level disrespect and disregard, and utter disdain for common decency is beyond words.

    No matter how obvious the legal wrongs, unethical governance, unaccountability, nothing matters to these idiots. Ling ling is but a symptom of the real problem: idiots governing idiots.

    Pissing on the electorate is what they do by force of habit. The ‘coalition’ should hang their heads in shame. Only if they had any shame.

    Reply
  4. Taukei Lawyers says

    September 5, 2024 at 9:03 am

    There was talk of a proposed Indigenous Fijian Lawyers Association to be distinct from FLS. Seems to be alive and well. Names reportedly linked to it were Vuataki (the late), Vosarogo, Rabuku. Can add to that Turaga, Temo and recently emerged women lawyers like Malimali, Tikoisuva and Tabuakouro. Maybe current AG too. Most of them are or were university lecturers and tutors of our young and future lawyers. Isa o keda, vakaloloma dina!

    Reply
    • Graham Davis says

      September 5, 2024 at 9:13 am

      Does it include the kai Jaina?

      Reply
      • Taukei Lawyers says

        September 5, 2024 at 9:38 am

        Maybe

        Reply
        • Pull my finger... says

          September 5, 2024 at 5:33 pm

          GD, Mr ding-a-ling-ling looks like he is holding back a biggest one yet. And it might well include debris hitting the fan.

          Reply
  5. Idiots everywhere says

    September 5, 2024 at 9:13 am

    TH new AG has settled in well in is new role. He is a perfect fit for the job at hand and those who appointed him got their perfect guy. Everything about this government is perfect. Just ask the PM or any of his deputies and his ministers. Don’t know why everyone is complaining.

    Reply
  6. Pine Forest says

    September 5, 2024 at 9:32 am

    GD u gotta remember that this is a Cakaudrove Government and Fiji is subject to east Yasawa politician, Setemaia Tuiteci describes as the Cakaudrove Conspiracy.

    Reply
  7. Idiots everywhere says

    September 5, 2024 at 12:06 pm

    Well, if people do not already know or are not aware of, everything that happens if Fiji is someone elses fault. Nothing is the government’s fault. Just ask the PM.
    Thing in the judiciary, FICAC or any of the ministries or anywhere else – the government has nothing to do with it and the government is totally unaware. Just ask the PM.
    And I believe him.

    Reply
  8. Get Up Fiji says

    September 5, 2024 at 1:04 pm

    This is the circus that this Coalition Government is. They are a bunch of clowns who have been promoted from class 5 to lead a country. What a bunch of primary school class idiots!
    They are all in this together. AG and the whole bang lot of them. Anarchy is about to be unleashed folks. The weight of stupidity and incredulous corruption of this coalition government makes the Bai and Kai FFP era look like the best Fiji had. The part that makes me really angry was the way we were hoodwinked by Rabuka and his PAP clowns in 2022. But of course we get the government we deserve. Come on Fiji, where are all the best and honest folks among us who can boot this government out into oblivion and restore some credibility and confidence in our nation’s leadership?

    Reply
  9. This is Fiji says

    September 5, 2024 at 1:09 pm

    The Judicial services Commission will sit today to decide on the appointment of the new Commissioner of FICAC. I thought they just appointed her only yesterday? But this is Fiji! Here you make and break the law as you go depending on the circumstances!

    The JSC is made up of the following upstanding and long standing powerhouses of the Fiji judiciary – Chief Justice Salesi Temo who is the chair, President of the Court of Appeal Filimone Jitoko, Ministry of Justice Permanent Secretary, Ropate Green and a legal practitioner – I am sure he or she will be just as upstanding as the rest.
    The people of Fiji are truly blessed as someone once said.

    Reply
  10. Aussie law says

    September 5, 2024 at 7:30 pm

    Fiji has got a load of morally bankrupt and financially hard up losers in government. Even the AG has no money, and so they all need to get rich quick. This is behind the collapse in governance – $

    It’s why tax holidays been given. Everyone snout in trough.

    Biman and his hangers on have set fire to their reputations in record time. Politically they can all be removed in 5 secs as Rambo has the numbers now.

    That party at GPH was a farewell to the collision government and now all brakes are off. All sanctioned by this AG.

    Shame and disgrace on all these elite who thought they could control the Fijians. Sad for Fiji and her people.

    Migrate now if you have chance…

    Reply

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About Grubsheet

Graham Davis
Grubsheet Feejee is the blogsite of Graham Davis, an award-winning journalist turned communications consultant who was the Fijian Government’s principal communications advisor for six years from 2012 to 2018 and continued to work on Fiji’s global climate and oceans campaign up until the end of the decade.

 

Fiji-born to missionary parents and a dual Fijian-Australian national, Graham spent four decades in the international media before returning to Fiji to work full time in 2012. He reported from many parts of the world for the BBC, ABC, SBS, the Nine and Seven Networks and Sky News and wrote for a range of newspapers and magazines in Australia, New Zealand and Fiji.

 

Graham launched Grubsheet Feejee in 2011 and suspended writing for it after the Fijian election of 2014, by which time he was working at the heart of government. But the website continued to attract hits as a background resource on events in Fiji in the transition back to parliamentary democracy.

 

Grubsheet relaunches in 2020 at one of the most critical times in Fijian history, with the nation reeling from the Covid-19 crisis and Frank Bainimarama’s government shouldering the twin burdens of incumbency and economic disintegration.

 

Grubsheet’s sole agenda is the national interest; the strengthening of Fiji’s ties with the democracies; upholding equal rights for all citizens; government that is genuinely transparent and free of corruption and nepotism; and upholding Fiji’s service to the world in climate and oceans advocacy and UN Peacekeeping.

 

Comments are welcome and you can contact me in the strictest confidence at grubsheetfeedback@gmail.com

 

(Feejee is the original name for Fiji - a derivative of the indigenous Viti and the Tongan Fisi - and was widely used until the late 19th century)

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